What Are “Damages” In A Car Accident Claim?
Brian O Sutter
Traffic Accidents
When you get into an auto accident, it can be costly to deal with the entire situation. You have to pay for the property damage, medical expenses, lost wages, and more. Those expenses are known by their legal term “damages.” Damages are broken into three categories: economic, non-economic, and punitive. Depending on the circumstances of your accident, you may be owed compensation from the other party for your damages.What Are Economic Damages?
These are the ones that have a tangible financial impact. They are easily quantified into cash figures, and they pay for direct expenses. Economic damages include the following:
● Property Damage - This is the cost to repair or replace the damage to your vehicle.
● Medical Expenses - These include past, present, and future expenses. They have to do with all of the medical care you receive such as pharmaceuticals, mental healthcare, and physical therapy. They also involve the costs of getting to and from medical appointments and in-home modifications if needed.
● Lost Earnings - These are the cost of the wages you have lost as a result of missing work because of the accident. Lost earnings can also include benefits. If you are a business owner, they refer to lost opportunities as well.
● Other Costs - An example is the cost of hiring a cleaning company because your injuries are too severe for you to maintain the upkeep of your home. Another is the cost of canceling a vacation you were planning but you can no longer take due to your injuries.
These damages are calculated and included in the total claim against the accident.
What Are Non-Economic Damages?
Non-economic damages cannot be easily quantified. These are the impacts of the car accident that do not have a clear financial figure but have done damage to your life. Non-economic damages include the following:
● Pain And Suffering - This is the physical and emotional distress the injury has caused you.
● Loss Of Companionship - Also known as loss of consortium, this is the negative impact on your relationships as a result of your injuries.
● Disfigurement - This can cause a lot of stress and heartache. Disfigurement includes scarring and changes to your appearance because of your injuries.
● Loss Of Enjoyment - This is when you lose the ability to enjoy things you once did. An example is if you used to enjoy fishing but your injuries prevent you from going on a boat, so you end up not wanting to do it anymore.
Non-economic damages can be difficult to quantify. However, skilled auto accident attorneys understand the definitions, evidence, and caps required by Florida state law to place an amount on them.
What Are Punitive Damages?
These are meant to punish the party responsible for the incident. In most car accident claims, they are rarely pursued. However, let’s say the accident was the fault of a vehicle manufacturer that knew they had an issue with a part and covered it up. If that part causes an accident, the judge may determine that the manufacturer needs to pay punitive damages. Punitive damages are usually calculated by your attorney and the court.
Damages are the financial compensation used to pay for the negative impacts caused by an accident. In order to receive the full amount of damages you are entitled to, the best thing you can do is to work with a skilled attorney.
The team at All Injuries Law Firm can help. We will investigate your claim and determine what damages the accident has caused. Then, we will calculate the real value of what you have lost and fight to get a fair settlement. To get started, give us a call at 1-941-626-HURT.